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Mar 24, 2024 · The Problem of Legal Technicalities and the Demand for Justice; Layman’s Perception of Technically Decided Cases. By Amb Shuaibu Bashir Mukaddam Abstract. This article examines the concept of technicality, its associated challenges, and potential solutions, along with the demand for justice.
Legal technicalities may pertain to procedural issues or the substance of the law. Procedural law refers to the various rules and procedures governing a trial, gathering of evidence, and even access to the court.
The term legal technicality is often used by someone who is displeased with the outcome of a criminal or civil case. For example, the prosecutor in a criminal case that has been dismissed due to insufficient evidence may tell the media that the defendant got off on a legal technicality.
A technicality is a point, especially a legal one, that is based on a strict interpretation of the law or of a set of rules but that may seem unimportant compared to a larger issue. [...]
Mar 12, 2010 · The answer to this question really involves delving into the public policy reasons why we are legal system is set up the way that it is, specifically what were the goals our America’s forefathers sought to achieve when they created the system.
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition.
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Do legal technicalities matter?
Do technicalities impede justice?
What is legal technicality?
Does strict application of the law produce technicality?
How do laypeople view legal technicalities?
Are technicalities an affront to the law?
It is generally accepted that technicalities greatly impede justice. A technicality is something immaterial and without substance; something not affecting the substantial rights of parties,1 which if upheld would defeat the substance or merit of a case. Technicalities dominated the common law era.
